Pa. High Court Rejects Generic Drug Makers' Challenge of Preemption Ruling

PHILADELPHIA — The Pennsylvania Supreme Court has barred generic drug makers from appealing a ruling that claims asserted against them in connection with their manufacture of generic Reglan are not preempted because they do not sound in failure to warn.

On Sept. 17, the state high court denied a petition for allowance of appeal filed by manufacturers of metoclopramide.

Last year, the generic drug makers appealed the Philadelphia County Court of Common Pleas’ denial of their preliminary objections to a master complaint filed by individuals who allegedly developed tardive dyskinesia after ingesting metoclopramide. The drug makers asserted that all of …